Does teen need a lawyer for 31 mph over the speed limit?

<p>^In NH in some ways it’s worse if kids speed, because they just take away the license - I believe after the second offense. My sister-in-law was really cross when her son lost his license for speeding. She counted on him to help with the car-pooling and errand running.</p>

<p>He needs to have an attorney. My husband represents kids in similar situations and it is a jungle in there. Pleading or being convicted of certain offenses might have to be disclosed in a college app or might keep him from getting a job where he needs to be able to drive.</p>

<p>If it were my kid, he’d be taking the bus or his bicycle for an awful long time. 71 is bad enough but fleeing the police? Not in my car!</p>

<p>Be glad you don’t live in Mass - Any speeding ticket before age 18 - automatic 3 month loss of license, then you must take 2 classes on safe driving and reapply for your license after the 3 months starting with retaking the learners permit exam and then the road test. Fees for all of the above totaling about $1000. At some speed level, it is considered “drag racing” and the punishment is more severe. Interestingly enough, there are no additional punishments for under 18 accidents - just the usual surcharges everyone gets.</p>

<p>The kid needs a lawyer. Someone near and dear to me had a reckless driving by speeding charge/conviction even WITH a lawyer in a state known for very strict enforcement. It’s a serious charge and WILL show up on background checks etc if it is reckless driving. Don’t take it lightly. If the charge can be reduced, it is worth what the lawyer will cost.</p>

<p>Maybe he can just claim that he was trying to “occupy” the stop sign.</p>

<p>If it were my kid going 31mph over the limit the court case would be the least of his worries. He would not be driving again until he was on his own and paying all of the bills.</p>

<p>^^Agree…</p>

<p>Why is a 16 year old driving his parents’ Lexus?</p>

<p>Been through similar stuff with my S’s. Definitely get a lawyer. The court system is tough to navigate on your own and the outcome is likely to be better if a lawyer handles it. </p>

<p>A lawyer can likely get the charge lowered. This will help keep your insurance from skyrocketing for the next three years. It’s def. worth the lawyers fee. </p>

<p>Of course the kid deserves some consequences but parents can enforce some really tough consequences of their own that don’t involve astronomical insurance premiums that will haunt them for years.</p>

<p>

Very true. Get a lawyer. 30+ over the limit is a serious charge, probably reckless driving, which will go on his record.</p>

<p>When he was 16, my S was pulled over for doing 20 mph over the speed limit, which is reckless driving in my state. It could have been even worse: S was driving on a road which is under major construction. Fines are doubled in a construction zone.</p>

<p>This was a first-time offense, so the officer was kind & wrote the ticket for 19 mph, which reduced the charges to speeding. We still had to go to court because he was a minor. I went with him. I was surprised by the number of kids in court without parents or lawyers. In fact, the judge postponed one case because the kid was >18 - still a minor - and did not have a parent or guardian with him.</p>

<p>Our policy has always been that we do NOT pay for speeding tickets, court fees, or lawyers. We will help our kids up front, then they will pay us back all fees & any increases in insurance premiums.</p>

<p>I see I appear to be in the minority here. Op has told us the charge is speeding; nothing more, nothing less, and that the cop didn’t charge driver with other infractions that likely he could have.
If the OP had asked any of the following:
How can student best advocate his innocence?
How can student minimize consequences?
How can his case be heard quicker?
How can student understand the charges?</p>

<p>Then I would strongly agree with those here that recommend an atty for some of those very reasons. But the Op did not mention any such things. The Op lets us think the student is guilty of the speeding, and likely other infractions too, that fortunately weren’t charged. Lastly, Toledo indicates hope for a “fair” outcome. Is “fair” properly defined as - a skilled attorney arguing for the smallest consequence possible? Or is that what we might call- the best we can get? In this case, Op has not asked how to get the lowest possible consequence, but rather wonders about how to be treated fairly- and I don’t see the 2 as exactly the same.</p>

<p>deega123’s story, at the bottom of the first page, is an example of an outcome that does not seem fair (Thanks for sharing that, deega) I’m sure you don’t agree, younghoss, but that’s my opinion.</p>

<p>Depending on the laws of your state, his 31miles over the speed limit may be classified as a felony and will have to be reported on his college applications.
Lawyer up.</p>

<p>Teachable moment: Never go to court without an attorney. Attorneys, speeding tickets and increased insurance rates take a looooong time to pay off on your minimum wage job. Speeding isn’t do cool after all.</p>

<p>I seldomly drive my spouses car. When I do, I can easily find myself going 20 mph over the limit without knowing it.</p>

<p>I can neither agree nor disagree with last post on p1, because too much info is left out.
Did the bus have it’s red “Stop lights” on?
Did the student’s action lead to an accident? (like Op’s example?)
Could the driver reasonably have been charged with more, but was given a break?
Would the charge have been reduced, had a lawyer advocated for her?
Should it have been?
What was the age of the driver?
Was it the driver’s very first citation?
Did the driver learn the lesson that a school bus/child’s safety overrules someone blowing his horn?
The answer to those is - don’t know. The poster didn’t say.</p>

<p>It might seem like a harsh penalty to toledo, but would the parent of a child crossing the street while this driver drove through agree it was too harsh? I suspect not.</p>

<p>That leads to a distinction I am trying to make. Hiring an atty can be effective for minimizing the consequences but that isn’t how I define “fair”. I believe the OP was correct in their first feeling of letting kid represent himself to the judge, to be fair. I would agree with hiring an atty if OP had asked how to minimize consequences.</p>

<p>In addition to being fair and minimizing consequences, there are other reasons to hire a lawyer. Understanding the consequences and potential choices are among them. If the kid doesn’t have a prior record, the lawyer is better equipped to persuade the court to take that into account.</p>

<p>Another “collateral consequence” if it may be termed that: My D is a sophomore at an urban university, does not have a car there and does not feel the need for one. There are Zip cars available for rent if she and roomie decide to make a trip to the suburbs or shopping etc. HOWEVER-my D reports that many, many of her dorm mates are unable to rent the zip cars because of what they thought were minor infractions on their license from when they were still in high school. They are impressed (and a bit jealous) that my D is able to freely utilize the zipcars as she needs (and can afford). </p>

<p>This piece of information has been passed on to her 17 year old sister, who has told me that she is extremely cautious driving, not because it is the safer or “right” thing to do, but because she wants to preserve the option to have access to rental cars while at college!</p>

<p>I think there are two very distinct issues here. First, there are societal, long-term consequences. Things like insurance rates, zipcar driving, college apps, etc. Second, there are familial consequences, such as losing driving privileges, paying back the money, etc.</p>

<p>My own inclination would be to hire a lawyer; it never hurts for a child to understand early that there are advantages to having the ability to hire a lawyer, pay fines, etc. As a friend of mine put it: “If there’s going to be an elite, I want my child to be in it.”</p>

<p>However, I would not allow that child to have another car, nor would I give him driving privileges. I might buy him a bicycle, a waterproof backpack, and rain gear, but not a car. When he can pay for a car and the insurance, then he can have a car. Life’s tough, and there are consequences.</p>

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<p>Fair comes when you have full representation of your interests in court.</p>

<p>So do you have reason to believe, Sorghum, that the judge that will hear this case of the speeding ticket is by his/her nature unfair? Or that the officer that gave him the citation is crooked? And the defendant(who does not deny he is guilty) should hire an attorney specifically to keep these 2 tricksters in check?
If you’re right, I hope wherever this takes place, that judge is voted out of office and a fair-minded person put in.</p>